Back
ASHOKKUMAR C.JOSHI
Hemantbhai Mukundrai Desai – Appellant
Versus
Kishorbhai Bhikhubhai Patel – Respondent
ORDER (ORAL)
Dr. Ashokkumar C. Joshi, J.—This matter is taken up through video conference.
2. This petition has been filed by the petitioners with the following main prayers, which read as under:
“(A) Your Lordships may be pleased to issue a writ of certiorari or any other appropriate writ, order or direction quashing and setting aside the order dated 10/10/2019 in application Ex. 123, dated 23/12/2019 in application Ex. 124, dated 23/12/2019 in application Ex 125 and dated 22/01/2020 in application Ex. 129 passed by Learned Additional Civil Judge & Judicial Magistrate First Class, Chikhli Dist. Navsari in Regular Civil Suit No. 132/2015, in the interest of justice;
(B) Pending admission, hearing and final disposal of the present petition, Your Lordships may be pleased to stay the further proceedings of Regular Civil Suit no. 132/2015 pending before Additional Civil Judge & Judicial Magistrate First Class, Chikhli, Dist. Navsari:”
3. The facts in nutshell of the case are that the respondent herein – original plaintiff has filed a Regular Civil Suit No. 132 of 2015 before the Court of Additional Civil Judge and JMFC, Chikhli, District – Navsari. It is the contention of the petition
A party should not remained unheard – Adjudication should be on merits rather than on mere technicalities.
Payment of costs imposed only can be considered to be ‘special circumstances’ which were beyond knowledge and control of petitioner/defendant under Order 17 rule 2 of Civil Procedure Code.
The court affirmed the essential right to cross-examine witnesses fully, emphasizing no counsel should be compelled to conclude cross-examination in one sitting without justified reasons.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
